The question of whether restitutionary damages can be awarded for breach of contract, requiring the defendant to disgorge to the plaintiff his ill-gotten gains, has attracted widespread academic interest and comment. It is a devilishly difficult topic. Even among those favouring restitution in this context, there are a range of opinions as to precisely when it should be available. At one extreme stand those like Jackman,1 who essentially argue that restitution for a pure breach of contract